Juvenile Criminal Mediation: a new paradigm of response to delinquency | 2015

Synopsis Mediation is an alternative dispute resolution means of growing approach in modern legal systems, in multiple forms. In the specific context of juvenile justice in Portugal, despite its valuable provision in the Educational Guardianship Law, it lacks specific regulation, which is reflected in its scarce practical use. The State intervention models have suffered successive amendments in order to suit the new social realities. It is that, as the social peace is the State ultimate goal, and in view of the dissatisfaction of society by rising crime, must ascertain whether it has played its role well and what measures need to be implemented to better achieve its task. In addition, attention must be given to the extra-judicial forms of conflict resolution, their proposals and difficulties, admitting them as another means available to overcome barriers to social peace, and even as being more appropriate to certain conflicts. The society yearns for justice, and it is by the free choice among equally effective and efficient conflict resolution methods that it begins to enjoy its right, so it’s important to know and appreciate all forms of access to justice, considered this in its wide meaning. In the perspective of the guardianship of minors right, important to recognize that the priority is the minor re-education and social reintegration, and that the general interest of the society is secondary, because it should be addressed special protection to him in view of the vulnerability that is peculiar to his age. However, besides the juvenile offender interests urges pay attention to the interests of victims, which have been so neglected by the ordinary justice system, thus preventing their re-victimization. It is proposed, therefore, reflect on the effects of mediation in community expectations, but above all in the answer of those interests. We seek with the comparative study of juvenile criminal mediation in legal systems and practice of Portugal, Italy and Brazil, in the light of international guidelines that regulate the rights of children and youth, realize their different nuances and draw a small contribution to stimulate, support and disseminate the proper application of the institute, noteworthy among the non-judicial means of dispute resolution for its potential ability to benefit equally offender and victim, and yet to reflect in the desirable achievement of public safety.